Fighting Climate Change through Shaming

Abstract

This Element contends that regulators can and should shame companies into climate-responsible behavior by publicizing information on corporate contribution to climate change. Drawing on theories of regulatory shaming and environmental disclosure, the Element introduces a "regulatory climate shaming" framework, which utilizes corporate reputational sensitivities and the willingness of stakeholders to hold firms accountable for their actions in the climate crisis context. The Element explores the developing landscape of climate shaming practices employed by governmental regulators in various jurisdictions via rankings, ratings, labeling, company reporting, lists, online databases, and other forms of information-sharing regarding corporate climate performance and compliance. Against the backdrop of insufficient climate law and regulation worldwide, the Element offers a rich normative and descriptive theory and viable policy directions for regulatory climate shaming, taking into account the promises and pitfalls of this nascent approach as well as insights gained from implementing regulatory shaming in other fields.